Supreme Court

Tribal Amicus Briefs Supporting Cert Petition in Oak Flat Case

Matthew L.M. Fletcher

Here:

Tribal Orgs BriefDownload
San Carlos Apache BriefDownload
Apache Elder BriefDownload

Cert petition here.

San Carlos Apache Tribe v. Arizona Cert Petition

Matthew L.M. Fletcher

Here:

Cert PetitionDownload

Questions presented:

(1) Did the Arizona Supreme Court err by determining that 40 C.F.R § 122.29(b)’s new source analysis is satisfied by merely finding a “material connection” between a newly constructed source of polluted discharge and an existing source rather than considering whether the new source operationally depends on the existing source? (2) Did the Arizona Supreme Court err by determining that new source performance standards for copper mines in 40 C.F.R. § 440.104 do not “independently apply” to Resolution’s new mine?

National Constitutional Society Event: Native Americans and the Supreme Court with Keith Richotte and Fletcher — Nov. 4 @ Noon

Matthew L.M. Fletcher

Here.

In celebration of Native American Heritage month, Keith Richotte Jr., author of the forthcoming book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher of the University of Michigan discuss Native American history and law through the stories of landmark Supreme Court cases. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.

Register Here to Attend Online

The Onion: “Supreme Court Overturns ‘Right v. Wrong’”

Matthew L.M. Fletcher

Here.

Miigwetch to AYR for the hot tip.

SCOTUS Denies Cert in West Flagler v. Haaland

Matthew L.M. Fletcher

Here is today’s order list. Justice Jackson is ethical and recused herself. Justice Kavanaugh would have granted the petition.

Cert petition and link to lower court materials here.

SCOTUS Rules in Favor of Tribes in Health Care Funding Case, 5-4

Matthew L.M. Fletcher

Here is opinion from the Chief Justice in Becerra v. San Carlos Apache Tribe.

Briefs here.

Federal Brief in Opposition to Cert in West Flagler v. Haaland

Matthew L.M. Fletcher

Here:

Cert Opp Brief.pdfDownload

The petition is here.

SCOTUS Denies Cert in Challenge to Ione Band Casino Stuff

Matthew L.M. Fletcher

Here is today’s order list.

Here is the No Casino in Plymouth v. NIGC cert petition.

SCOTUS Denies Cert in Challenge to Mashpee Wampanoag Trust Land Acquisition

Matthew L.M. Fletcher

Here is today’s order list.

The cert petition is here.

These guys shoulda been on the Supreme Court. . . .

SCOTUS Cert Stage Materials in Turtle Mountain Ojibwe Efforts to Uncover Republican Legislators’ Racial Animus

Matthew L.M. Fletcher

Here are the cert stage materials in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly:

Cert Petition

Republican Governors Amicus Brief in Opposition

Questions presented:

1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?

Lower court materials here.